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Bullying advocates is not a judicial prerogative

Nowhere is the balance of power and authority more blatantly highlighted than a courtroom. The judge wields influence not just over cases but the individuals over whom they preside.

To hear, as we did this week, of occasions when judges have belittled and undermined advocates is deeply concerning and not something to be taken lightly.

Full credit to barrister Mary Aspinall-Miles. Her comments - hardly controversial given the knowing nods of many of her colleagues - have opened a channel for lawyers to share their own experiences and perhaps raise the spirits of a young advocate feeling low after a judicial put-down.

Thankfully, plain rudeness from the bench appears to be the exception rather than the rule. Yet we should be quick to shut down accusations of ‘snowflake’ against lawyers who complain of poor treatment.

We have seen this week in other arena entirely a particularly egregious example of the culture of silence that prevails when people in power are able to exert undue authority over those who are weaker.

Accusations that some judges are rude are of course very different, but there is a grain of similarity here that is worth noting.

Yes, things probably were different back in the day. Yes, advocates of yesteryear perhaps did face even worse tongue-lashings from the bench.

But when advocates are going home in tears; when their confidence is shattered; when they fear humiliation for simply doing their jobs in court - we should support anyone who stands up and says something.

Those doing so are not too flaky for the job and they shouldn’t be told the law is not for them. The courtroom is a highly-charged place, but that does not give judges a free pass to bully advocates.

2 Readers' comments

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I agree that Mary Aspinall-Miles should be congratulated for speaking out.

If an advocate has done something wrong or if the Judge disagrees with what the advocate is saying, of course a Judge can and should point that out. It is how this is done that is important. In order to maintain the authority of the Court, business should be conducted in a professional manner. There is nothing professional about shouting, fist banging, sarcasm and veiled threats, which come from certain members of the judiciary.

I think its right that Judges acting in this way is very much the exception, but the fact it happens at all and the fact nothing is done about it, is deeply troubling.

I applaud Mary Aspinall-Miles for lifting this veil of silence. Like her I have always welcomed and learned from constructive criticism.
However, early in my career representing a claimant in the Employment Tribunal I had the misfortune of coming across a particularly unpleasant part-time judge. I later learned from an EAT judgment that he has an aversion towards young female solicitors who he believes shouldn't be advocates. From the start he belittled and undermined me to such an extent that there were audible gasps from members of the public, the panel wing members had to intervene and, my opposing barrister privately expressed his concern and dismay. I wanted to file a complaint but my firm forbid me from doing so and my opposing barrister made it clear he would not support me publicly. There was a happy ending for my client as the wing members outvoted the judge and upheld her claim. However I was left feeling uneasy about allowing a bully to go unchallenged when I support my clients in confronting such unacceptable behaviour at work.

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